Glossary entry (derived from question below)
English term or phrase:
in case of an affirmation in lieu of oath
English answer:
solemn statement of means
- The asker opted for community grading. The question was closed on 2012-03-22 10:54:10 based on peer agreement (or, if there were too few peer comments, asker preference.)
Mar 19, 2012 06:12
12 yrs ago
25 viewers *
English term
in case of an affirmation in lieu of oath
English
Law/Patents
Law: Contract(s)
agreement termination procedure
This Agreement may be terminated by either party without observance of a notice period, (i) if the other party files voluntarily a petition in insolvency; or (ii) insolvency proceedings with respect to the other party’s assets are initiated, or (iii) in case of enforcement measures concerning all or a substantial part of the other party’s assets, and such enforcement measures are not discharged within 60 days thereof, or (iv) in case of inability to pay, stoppage of payments, imminent inability to pay, overindebtedness or in case of an affirmation in lieu of oath of the other party, or (v) in other cases of a material deterioration of the other party’s assets which endanger claims of the terminating party.
Does it mean that either party is entitled to terminate the agreement, if the other party makes an affirmation instaed of taking an oath? Don't they (affirmation and oath) have the same legal force? The governing law is German without giving effect to the UN Convention on the International Sale of Goods.
Does it mean that either party is entitled to terminate the agreement, if the other party makes an affirmation instaed of taking an oath? Don't they (affirmation and oath) have the same legal force? The governing law is German without giving effect to the UN Convention on the International Sale of Goods.
Responses
+1
28 mins
Mark Robertson
Native in English
&
English
Specializes in field
Translations by lawyers for lawyers
Native in: English 
Works in: Portuguese to English, English
Related KudoZ points
:
28
Selected
solemn statement of means
This is mechanism (Offenbarungseid) whereby a debtor is required to make a detailed statement of means in order to enable creditors to identify assets that may be subject to execution.
Note from asker:
| Thanks, it took me some time to understand that "affirmation in lieu of oath" is used just to designate affirmation, and not to oppose it to oath. Initially I thought the contract wouldn't be terminated in case of oath, and would be terminated, if an affirmation is made :) |
Peer comment(s):
| agree |
Donna Stevens
: This is an alternative for atheists since an oath requires the oath maker to believe in God.
1 hr
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Thanks but I don't think it is an alternative in this case. It is the sole prescribed procedure, I think.
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
5 mins
David Hollywood
Native in English
&
English
worked for int. orgs (IMF, OAS, IDB)
Native in: English
Works in: Spanish to English, German to English
Related KudoZ points
:
43
willingness as opposd to a promise
I would say
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Note added at 5 mins (2012-03-19 06:17:54 GMT)
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"opposed"
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Note added at 8 mins (2012-03-19 06:20:26 GMT)
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they accept but don't go as far as to guarantee
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Note added at 5 mins (2012-03-19 06:17:54 GMT)
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"opposed"
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Note added at 8 mins (2012-03-19 06:20:26 GMT)
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they accept but don't go as far as to guarantee
Note from asker:
| I thought they had meant something of the kind. But "affirmation" is a legal term. "AFFIRMATION IN LIEU OF OATH. If any person of whom an oath is required shall claim religious scruples against taking the same, the word "swear" and the words "so help you God" may be omitted from the foregoing forms, and the word "affirm" and the words "and this you do under the penalties of perjury" shall be substituted therefor, respectively, and such person shall be considered, for all purposes, as having been DULY SWORN." Was it bad word choice? |
Discussion